These are the terms and conditions on which we supply products through the website the-Bake-box.com to you.
Please read these terms carefully before you submit your order to us. These terms tell you who we are, how we will provide products to you, how you and we may change or end the contract, what to do if there is a problem and other important information. If you think that there is a mistake in these terms, please contact us to discuss.
We are Eaglemoss Limited a company registered in England and Wales. Our company registration number is 02226335 and our registered office and main trading address is at Beaumont House, Kensington Village, Avonmore Road, London W14 8TS, UK. Our VAT number is GB 242 5983 47.
If we have to contact you we will do so by telephone or by writing to you at the email address or postal address you provided to us in your order.
When we use the words "writing" or "written" in these terms, this includes emails.
Our acceptance of your order will take place when we email you to accept it, at which point a contract will come into existence between you and us.
If we are unable to accept your order, we will inform you of this and will not charge you for the product. This might be because the product is out of stock, because of unexpected limits on our resources which we could not reasonably plan for, because we have identified an error in the price or description of the product or because we are unable to meet a delivery deadline you have specified.
We will assign an order number to your order and tell you what it is when we accept your order. It will help us if you can tell us the order number whenever you contact us about your order.
The images of the products on our website are for illustrative purposes only. Although we have made every effort to display the colours accurately, we cannot guarantee that a device's display of the colours accurately reflects the colour of the products. Your product may vary slightly from those images.
The packaging of the product may vary from that shown on images on our website.
The costs of delivery will be as displayed to you on our website.
During the order process we will let you know when we will provide the products to you.
We will supply the goods to you until either the subscription expires (if applicable) or you end the contract as described in clause 6 or we end the contract by written notice to you as described in clause 8.
If our supply of the products is delayed by an event outside our control then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. Provided we do this we will not be liable for delays caused by the event, but if there is a risk of substantial delay you may contact us to end the contract and receive a refund for any products you have paid for but not received.
If no one is available at your address to take delivery and the products cannot be posted through your letterbox, the delivery company will leave you a note informing you of how to rearrange delivery or collect the products from a local depot.
If after a failed delivery to you, you do not re-arrange delivery or collect them from a delivery depot we will contact you for further instructions and may charge you for storage costs and any further delivery costs. If, despite our reasonable efforts, we are unable to contact you or re-arrange delivery or collection we may end the contract and clause 8.2 will apply.
The product will be your responsibility from the time we deliver the product to the address you gave us.
You own a product which is goods once we have received payment in full.
We may have to suspend the supply of a product to deal with technical problems or make minor technical changes.
We will contact you in advance to tell you we will be suspending supply of the product, unless the problem is urgent or an emergency. If we have to suspend the product for longer than a two week period we will adjust the price so that you do not pay for products while they are suspended. You may contact us to end the contract for a product if we suspend it, or tell you we are going to suspend it, in each case for a period of more than two weeks and we will refund any sums you have paid in advance for the product in respect of the period after you end the contract.
If you do not pay us for the products when you are supposed to (see clause 10.4) and you still do not make payment within seven days of us reminding you that payment is due, we may suspend supply of the products until you have paid us the outstanding amounts. We will contact you to tell you we are suspending supply of the products. We will not suspend the products where you dispute the unpaid invoice (see clause 10.6). We will not charge you for the products during the period for which they are suspended. As well as suspending the products we can also charge you interest on your overdue payments (see clause 10.5).
Your rights when you end the contract will depend on what you have bought, whether there is anything wrong with it, how we are performing and when you decide to end the contract:
(a) If what you have bought is faulty or misdescribed you may have a legal right to end the contract (or to get the product repaired or replaced or to get some or all of your money back), see clause 9;
(b) If you want to end the contract because of something we have done or have told you we are going to do, see clause 6.2;
(c) If you have just changed your mind about the product, see clause 6.3. You may be able to get a refund if you are within the cooling-off period, but this may be subject to deductions and you will have to pay the costs of return of any goods;
(d) In all other cases (if we are not at fault and there is no right to change your mind), see clause 6.6.
If you are ending a contract for a reason set out at (a) to (d) below the contract will end immediately and we will refund you in full for any products which have not been provided and you may also be entitled to compensation. The reasons are:
(a) we have told you about an error in the price or description of the product you have ordered and you do not wish to proceed;
(b) there is a risk that supply of the products may be significantly delayed because of events outside our control;
(c) we have suspended supply of the products for technical reasons, or notify you we are going to suspend them for technical reasons, in each case for a period of more than two weeks; or
(d) you have a legal right to end the contract because of something we have done wrong.
(e) in the event of a price increase, you can cancel the subscription immediately upon such increase
For most products bought online you have a legal right to change your mind within 14 days and receive a refund. These rights, under the Consumer Contracts Regulations 2013, are explained in more detail in these terms.
You do not have a right to change your mind in respect of:
(a) purchase of an individual Bake Box;
(b) products sealed for health protection or hygiene purposes, once these have been unsealed after you receive them;
(c) sealed audio or sealed video recordings or sealed computer software, once these products are unsealed after you receive them; and
(d) any products which become mixed inseparably with other items after their delivery.
How long you have depends on what you have ordered and how it is delivered.
(a) Have you bought goods? if so you have 14 days after the day you (or someone you nominate) receives the goods, unless:
(i) Your goods are split into several deliveries over different days. In this case you have until 14 days after the day you (or someone you nominate) receives the last delivery to change your mind about the goods.
(ii) Your goods are for regular delivery over a set period (for example a magazine subscription). In this case you have until 14 days after the day you (or someone you nominate) receives the first delivery of the goods.
In addition to your legal right to cancel a contract as set out above you may cancel any contract for a subscription by 14 days’ written notice to us at any time to end at the end of the then current subscription period. For example, if you have ordered a 6 month subscription then you can end the subscription at the end of the current 6 month period and if you have ordered a 12 month subscription then you can end the subscription at the end of the current 12 month period.
UNLESS EXRESSLY PURCHASED UNDER THE “GIFT” OPTION A SUBSCRIPTION WILL CONTINUE FOR ONGOING PERIODS OF 6 OR 12 MONTHS (AS ENTERED INTO BY YOU AT THE OUTSET) UNLESS YOU CANCEL IT AS PROVIDED IN CLAUSE 7.
To end the contract with us, please let us know by doing one of the following:
(a) Online. Login to “my account” at the-bake-box.com at any time and click “cancel”.
(b) Phone or email. Call customer services on 0344 472 5219 or by writing to us at email@example.com. Please provide your name, home address, details of the order and, where available, your phone number and email address.
(c) By post. Or simply write to us as that address, including the information required in the form.
If you end the contract for any reason after products have been dispatched to you or you have received them, you must return them to us – note that this does not relate to return of all items that have been provided to you under a subscription but rather to such limited products (ie a single box) as may have been dispatched to you or received by you on or around the date you ended the contract. You must either return the goods in person to where you bought them, or post them back to us. Please call customer services on on 0344 472 5219 or by writing to us at firstname.lastname@example.org for a return label. If you are exercising your right to change your mind you must send off the goods within 14 days of telling us you wish to end the contract.
We will pay the costs of return:
(a) if the products are faulty or misdescribed;
(b) if you are ending the contract because we have told you of an upcoming change to the product or these terms, an error in pricing or description, a delay in delivery due to events outside our control or because you have a legal right to do so as a result of something we have done wrong.
In all other circumstances (including where you are exercising your right to change your mind) you must pay the costs of return.
We will refund you the price you paid for the products including delivery costs, by the method you used for payment. However, we may make deductions from the price, as described below.
If you are exercising your right to change your mind:
(a) We may reduce your refund of the price (excluding delivery costs) to reflect any reduction in the value of the goods, if this has been caused by your handling them in a way which would not be permitted in a shop. If we refund you the price paid before we are able to inspect the goods and later discover you have handled them in an unacceptable way, you must pay us an appropriate amount.
(b) The maximum refund for delivery costs will be the costs of delivery by the least expensive delivery method we offer. For example, if we offer delivery of a product within 3-5 days at one cost but you choose to have the product delivered within 24 hours at a higher cost, then we will only refund what you would have paid for the cheaper delivery option.
We will make any refunds due to you as soon as possible. If you are exercising your right to change your mind then your refund will be made within 14 days from the day on which we receive the products back from you or, if earlier, the day on which you provide us with evidence that you have sent the product back to us.
We may end the contract for a product at any time by writing to you if:
(a) you do not make any payment to us when it is due and you still do not make payment within 21 days of us reminding you that payment is due; or
(b) you do not, within a reasonable time, allow us to deliver the products to you.
If we end the contract in the situations set out in clause 8.1 we will refund any money you have paid in advance for products we have not provided but we may deduct or charge you reasonable compensation for the net costs we will incur as a result of your breaking the contract.
We may write to you to let you know that we are going to stop providing the product. We will let you know at least 28 days in advance of our stopping the supply of the product and will refund any sums you have paid in advance for products which will not be provided.
If you have any questions or complaints about the product, please contact us. You can telephone our customer service team at 0344 472 5219or write to us at email@example.com or Beaumont House, Kensington Village, Avonmore Road, London W14 8TS.
If you wish to exercise your legal rights to reject products you must either return them in person to where you bought them, or post them back to us. We will pay the costs of postage. Please call customer services on 0344 472 5219or write to us at firstname.lastname@example.org for a return label.
The price of the product (which includes VAT) will be the price indicated on the order pages when you placed your order. We take all reasonable care to ensure that the price of products advised to you is correct. However please see clause 10.3 for what happens if we discover an error in the price of the product you order.
If the rate of VAT changes between your order date and the date we supply the product, we will adjust the rate of VAT that you pay, unless you have already paid for the product in full before the change in the rate of VAT takes effect.
It is always possible that, despite our efforts, some of the products we sell may be incorrectly priced. We will normally check prices before accepting your order so that, where the product's correct price at your order date is less than our stated price at your order date, we will charge the lower amount. If the product's correct price at your order date is higher than the price stated, we will contact you for your instructions before we accept your order. If we accept and process your order where a pricing error is obvious and unmistakeable and could reasonably have been recognised by you as a mispricing, we may end the contract, refund you any sums you have paid and require the return of any goods provided to you.
We accept payment by credit and debit card and paypal as listed on our website. You must pay for the products before we dispatch them. We will not charge your credit or debit card or paypal account until we dispatch the products to you.
If you do not make any payment to us by the due date we may charge interest to you on the overdue amount at the rate of 2% a year above the base lending rate of Barclays Bank plc from time to time. This interest shall accrue on a daily basis from the due date until the date of actual payment of the overdue amount, whether before or after judgment. You must pay us interest together with any overdue amount.
If you think an invoice is wrong please contact us promptly to let us know and we will not charge you interest until we have resolved the issue. You can view invoices in “My account” at the-bake-box.com
We may from time to time increase the price of the products that are the subject of a contract. We shall give you no less than 28 days’ notice of any such increase.
If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking this contract. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both we and you knew it might happen, for example, if you discussed it with us during the sales process.
We only supply the products for domestic and private use. If you use the products for any commercial, business or re-sale purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
We may transfer our rights and obligations under these terms to another organisation. We will contact you to let you know if we plan to do this. If you are unhappy with the transfer you may contact us to end the contract within 14 days of us telling you about it and we will refund you any payments you have made in advance for products not provided.
You may only transfer your rights or your obligations under these terms to another person if we agree to this in writing.
This contract is between you and us. No other person shall have any rights to enforce any of its terms.
Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date. For example, if you miss a payment and we do not chase you but we continue to provide the products, we can still require you to make the payment at a later date.
These terms are governed by English law and you can bring legal proceedings in respect of the products in the English courts. If you live in Scotland you can bring legal proceedings in respect of the products in either the Scottish or the English courts. If you live in Northern Ireland or Republic of Ireland you can bring legal proceedings in respect of the products in either the Northern Irish, Irish or the English courts.v